GOVERNMENT, superseding, as far as may be deemed expedient, the local law, and exercised by the military commander under the direction of the President, with the express or implied sanction of Congress; while the third may be denominated MARTIAL LAW PROPER,... The North American Review - Page 5541896Full view - About this book
| United States - 1945 - 712 pages
...of justifying or excusing peril, by the President, in times of insurrection or invasion, or of ciTll or foreign war, within districts or localities where...adequately secures public safety and private rights."' (Bx parte Uilllgan, 4 Wall. 2, 141-142, Doc. Term, 18667) "Martial law is the law of military necessity... | |
| United States. Congress. House. Committee on Military Affairs - 1946 - 94 pages
...present invasion. The minority believed that Congress had the power in cases of "imminent public danger," "where ordinary law no longer adequately secures public safety and private rights." "Schneider v. line Jersey, 308 US 147, 162-164, 60 Sup. Ct. 146. 152. 157 (1939) "* * * the public... | |
| United States. Congress. House. Committee on Military Affairs - 1946 - 664 pages
...present invasion. The minority believed that Congress had the power In cases of "imminent public danger," "where ordinary law no longer adequately secures public safety and private rights." "Schneider v. Keio Jersey, 308 US 147, 162-164, 60 Sup. Ct. 146, 152, 357 (1939) "• • • the public... | |
| United States. Supreme Court - 1884 - 1022 pages
...when the action of Congress cannot be invited, and in the case of justifying or excusing peril, by_ the President, in times of insurrection or invasion,...adequately secures public safety and private rights. We think that the power of Congress, in such times and in such localities, to authorize trials for... | |
| United States. Congress. Senate. Committee on Armed Services - 1959 - 290 pages
...present invasion. The minority believed that Congress had the power in cases of "imminent public danger," "where ordinary law no longer adequately secures public safety and private rights." inefficiency and undertake some danger and certain risks rather than cut down civil liberties. 22 Religious... | |
| United States. Congress. Senate. Armed Services - 1959 - 294 pages
...present invasion. The minority believed that Congress had the power in cases of "imminent public danger," "where ordinary law no longer adequately secures public safety and private rights." inefficiency and undertake some danger and certain risks rather than cut down civil liberties. 22 Religious... | |
| 1891 - 286 pages
...express or implied sanction of Congress ; while the third may be denominated Martial Law Proper, and is called into action by Congress, or temporarily,...adequately' secures public safety and private rights. We think that the power of Congress, in such times and in such localities, to authorize trials for... | |
| 1971 - 330 pages
...express or implied sanction of Congress; while the third may be denominated martial law proper, and is called into action by Congress, or temporarily,...adequately secures public safety and private rights." 3. O'Callahan v. Parker, 395 US 258 (1969); see also Relford v. Commandant, 401 US 355 (1971). 4. Madsen... | |
| 1917 - 592 pages
...justifying or excusing peril, by the President in times of insurrection or invasion or of civil or of foreign war, within districts or localities where...adequately secures public safety and private rights." This means that ordinarily Congress ought to take the step, but that the President may take it in cases... | |
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